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Home My WebLink About11-20-20072570 NOVEMBER 20, 2007 5:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Planning Board Member, Nick Renzi; Representative of C.A.P.E.; Robert Rhodes; Town Residents: Chris Farkas, George Ottenschot Grace Meddaugh for Channel 2, Access TV; News Reporter, Evan Geibel for the Cortland Standard. Supervisor Tupper called the meeting to order. RESOLUTION #227 AUTHORIZE PAYMENT OF VOUCHERS — NOVEMBER Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #625 - 655 $132,979.98 General Fund B B 148 - B 151 $ 43,195.57 Highway Fund DB D444 - D458 $275,389.94 Trust & Agency T21 - T22 $ 32,988.90 Capital Projects H61 - H64 $ 7,734.70 Special Grant SG53 - SG55 $ 6,851.10 Water Fund W250 - W261 $ 23,106.33 Sewer Fund S97 - 5102 $ 79,576.60 Supervisor Tupper offered privilege of the floor to George Ottenschot. Town resident, George Ottenschot commented on the November 7, 2005 Town Board Meeting and the presentation made by Town residents concerning the use of Town property located on Cedar Crest Drive. Mr. Ottenschot commented that the residents who presented their concerns were disrespected by a member of the Board, and not treated in a courteous manner. Mr. Ottenschot read an excerpt from Town Law, Chapter 4, Section 4-11 (A) which read, "... To a supervisor and board keen to present a good image to the public, it is important to give careful thought to the conduct of these meetings. They provide the best opportunity for a supervisor and town board members to introduce themselves to their fellow townspeople...." Mr. Ottenschot stated that Town government is the one government close to the people and available to them. Mr. Ottenschot questioned whether the public "would see this again?" Supervisor Tupper offered privilege of the floor to Nick Renzi. Planning Board Member, Nick Renzi responded to a comment made at the November 7, 2007 Town Board Meeting regarding proper notification to neighboring property owners when there is a proposed subdivision. Mr. Renzi clarified that "notification of adjoining property owners was not a code requirement for subdivisions.... public hearings are held after being advertised at least five days before such hearing." Mr. Renzi also explained that notification to property owners within 300 ft. of a variance request is required by code. Mr. Renzi suggested the Board change the Town Code if they wish to notify neighbors of subdivisions. He also read an excerpt from Town Law, Chapter 3, Section 3-7, regarding authority of the Town board. "... An individual Board Member may not unilaterally act on behalf of the Town Board." Mr. Renzi stated that Councilman Rocco should not act unilaterally in his request for notification of neighbors, but "should act in concert with the Town Baord." 1 1 ,Z 511 NOVEMBER 20, 2007 TOWN BOARD MEETING PAGE 2 Supervisor Tupper offered privilege of the floor to Chris Farkas. Town resident, Chris Farkas thanked Supervisor Tupper, Councilman Testa, and Councilman Proud for running a fine campaign. He also commented on the November 7, 2007 Town Board Meeting and stated that he was also disappointed with the conduct of a member of the Board. He reminded the Board that a promise was made at the League of Women Voters Debate that members of the Board would do their very best to be civil, orderly, and to have respect for the Town and its residents. The monthly report of the Town Justice for the month of October 2007 was on the table for review and is filed in the Town Clerk's Office. Under "Old Business" Councilman O'Donnell questioned the status of the proposed Revised Zoning Ordinance. Attorney Folmer apprised the Board he spoke with Walt Kalena, Clough, Harbour & Associates, LLP (CHA) regarding the proposed revision. Mr. Kalena raised a few questions with regard to procedural issues, which they would discuss. The last revision of the proposed ordinance was dated July 2, 2007 by CHA. Attorney Folmer hoped he would be able to submit the proposed ordinance to the County Planning Board for review before the County's cut-off date for submission. If so, he anticipated the Board would be able to schedule a public hearing at the December 5, 2007 meeting. RESOLUTION # 228 ADOPT THE TOWN BUDGET FOR FISCAL YEAR OF 2008 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, on the 7th day of November, 2007 the Town Board of the Town of Cortlandville, held a Public Hearing on the Preliminary Budget and proposed amounts to be raised by the benefit tax on benefited properties in the Town Sewer Improvement District, approved by the Town Board, and filed with the Town Clerk for fiscal year commencing January 01, 2008, and having heard all persons in favor of, or against any items therein contained, therefore BE IT RESOLVED, the preliminary budget is hereby approved as filed, and the same is hereby adopted and established as the annual budget of this Town for the fiscal year beginning January O1, 2008, and such annual budget, as so adopted, is filed with the Town Clerk, and it is further RESOLVED, that the Town Clerk of this Town shall prepare and certify, as provided by law, duplicate copies of the annual budgets, hereby adopted, together with the assessment rolls for the benefit of improvement for the Water Fund and the Sewer Fund, adopted pursuant to Section 202-a of the Town Law and within five days thereof, deliver two copies to the Supervisor of the Town and the Supervisor shall present the copies of the annual budget to the Legislature of Cortland County within ten days after his receipt thereof from the Clerk. Supervisor Tupper informed the public the 2008 Town tax rate decreased by $0.02; the tax rate for inside the Village of McGraw decreased by $0.21; and the Fire tax decreased by $0.03. Supervisor Tupper thanked all those who helped with the budget, especially Bookkeeper, Marcia Hicks for her hard work on the budget. Attorney Folmer reported: Zoning Violation — Sovocool: Attorney Folmer reported on the zoning violation of the Sovocool property located on US Route 11. Town CEO, Tom Williams discussed the issued with Mrs. Sovocool and suggested she remove several vehicles from the property; two vehicles and the snowplow could remain. Mrs. Sovocool would be given some time to resolve the issue before being issued a citation. z �z- NOVEMBER 20, 2007 TOWN BOARD MEETING PAGE 3 Proposed Local Law — Administration & Enforcement of the NYS Uniform Fire Prevention & Building Code: Attorney Folmer stated the Town is required to adopt a local law for the Administration & Enforcement of the NYS Uniform Fire Prevention & Building Code. One of the reasons the local law had not been adopted was because there was a question regarding the establishment of fees. In the draft local law provided by the State, the fees were set within the body of the document. A meeting was held with the Town and Atlantic Inland regarding inspections and fees. Attorney Folmer prepared the proposed local law and presented it to the Supervisor and Town Clerk. Language was included to provide that fees may be fixed from time to time by Town Board resolution. Attorney Folmer requested the Board schedule a public hearing for the proposed local law. Councilman Testa questioned whether fees for demolition were included in the proposed ordinance. Attorney Folmer apprised the Board that demolition was included in the proposed ordinance. RESOLUTION #229 SCHEDULE PUBLIC HEARING FOR PROPOSED LOCAL LAW OF 2007 — ADMINISTRATION & ENFORCEMENT OF THE NYS UNIFORM FIRE PREVENTION & BUILDING CODE FOR DECEMBER 5, 2007 Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby schedule a Public Hearing for a proposed Local Law of 2007 — Administration & Enforcement of the New York State Uniform Fire Prevention & Building Code, for December 5, 2007 at 7:00 p.m. Partridge Hill Subdivision: Attorney Folmer discussed the proposed road dedication of the Partridge Hill Subdivision from Builder's Best Properties, LLC, located off Blue Creek Road. He informed the Board that he was in possession of the deed and the related documents including the abstract and title. Highway Sup't. Bush inspected the roadway and found it to be appropriate for acceptance as a Town road. Attorney Folmer requested a motion be made to accept the road dedication of Partridge Hill subject to receipt of the executed documents. RESOLUTION #230 ACCEPT ROAD DEDICATION OF PARTRIDGE HILL FROM DEVELOPER BUILDER'S BEST PROPERTIES, LLC SUBJECT TO RECEIPT OF EXECUTED DOCUMENTS Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville Highway Sup't. has inspected the road called Partridge Hill and has determined that such road has been constructed in accordance with Town standards, therefore BE IT RESOLVED, the Town Board does hereby accept the road dedication of Partridge Hill from Builder's Best Properties, LLC, subject to receipt of the executed documents Z53 NOVEMBER 20, 2007 TOWN BOARD MEETING PAGE 4 RESOLUTION 4231 AUTHORIZATION TO PARTICIPATE IN THE "HOLIDAY ON ICE" PROGRAM WITH CORTLAND YOUTH BUREAU FOR THE 2007 HOLIDAY SEASON Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request was received from the Cortland Youth Bureau, asking the Town to participate again this year in the Cortland "Holiday on Ice" program, therefore BE IT RESOLVED, the Town Board does hereby desire participation in the "Holiday on Ice" program for the 2007 Holiday Season, and does hereby authorize paying the suggested amount of $275.00 to accomplish the program. RESOLUTION #232 AUTHORIZE SUPERVISOR TO COMPLETE THE 2008-2009 LEGISLATIVE INITIATIVE APPLICATION FROM SENATOR JAMES L. SEWARD FOR FUNDING SUPPORT OF THE CORTLANDVILLE STARR ROAD PARK & RECREATION CENTER Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to complete the 2008-2009 Legislative Initiative Application from NYS Senator James L. Seward, for funding support in the amount of $250,000.00 for the Cortlandville Starr Road Park & Recreation Center. There was discussion regarding the application to NYS Department of State regarding the proposed Route 11 Water Extension Project. Supervisor Tupper explained that the Town would like to extend the City of Cortland's water line to Polkville. There is potential for the Town enter into a shared agreement with the City in which the Town would install the water line and provide water to Polkville via the City of Cortland. The proposed bio-diesel plant to be located in Polkville helped spike interest in the shared municipal services. Supervisor Tupper stated that providing public water would encourage development in Polkville, and give hope that water could be available in Blodgett Mills in the future. Supervisor Tupper informed those in attendance that Town Engineer, Hayne Smith was working on the design for the proposed water lines. Mr. Smith was also working with the City Water Department to make sure enough hydrant pressure would exist to install the water lines all the way to the truck stop on Route 11, owned by Marshall Family Trust. RESOLUTION #233 AUTHORIZE SUPERVISOR TO FILE AN APPLICATION TO THE NEW YORK STATE DEPARTMENT OF STATE (NYS DOS) UNDER THE SHARED MUNICIPAL SERVICES INCENTIVE GRANT PROGRAM Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Richard C. Tupper, Supervisor of the Town of Cortlandville to file an application to the New York State Department of State (NYS DOS) under the Shared Municipal Services Incentive Grant Program for the 2007- 2008 Program Year, and for purposes of this application, be designated as the "Lead Applicant Contact Person" to execute all financial and administrative processes related to the grant program, and it is further z5� NOVEMBER 20, 2007 TOWN BOARD MEETING PAGE 5 RESOLVED, it is the Town's intention to partner with the City of Cortland as part of this application and, should funds be awarded, enter into an intermunicipal agreement with the City of Cortland as required by the NYS DOS; and it is further RESOLVED, the Town intends to apply for funds in an amount not to exceed $400,000, and including a cash match not to exceed $400,000, and upon approval of said request to enter into and execute a project agreement with the New York State Department of State for such financial assistance to the Town of Cortlandville for the Route 11 Water Extension Project. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file correspondence from Patrick Reidy, Water Quality Specialist, Cortland County Soil and Water Conservation District, dated December 7, 2007, regarding the Revised Stormwater Plan Review — Proposed Railroad Siding and New Road (off Luker Road). All voting aye, the motion was carried. Supervisor Tupper announced that the Raymond G. Thorpe Municipal Building would be closed at 1:30 p.m. on Wednesday, November 21, 2007 for the Thanksgiving holiday. No further comments or discussion were heard. Councilman Proud made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:25 p.m. Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on December 5, 2007. 1�